Haryana

Ambala

CC/97/2012

SANJAY KUMAR - Complainant(s)

Versus

ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED - Opp.Party(s)

V.K DHIMAN

22 Nov 2016

ORDER

                                 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

            Complaint Case No.    : 97 of 2012

Date of Institution       : 28.03.2012

            Date of Decision         : 22.11.2016

 

Sanjay Kumar S/o Shri Jaswant Singh R/o H.No.248, Sector Ward No.11, Naraingarh Near Sharma Petrol Pump, Naraingarh, District Ambala.

                                                                                               

                                                                                                                                                                                      ……Complainant.

                                                                                                             Versus                  

1.         Royal Sundaram Alliance Insurance Company Limited, Corporate Claims Department, Sundaram Towers, 45 & 46, Whites Road,Chennai through its Authorized.

2.         Royal Sundaram Alliance Insurance Company, SCO No.82, Ist Floor and IInd Floor, Sector 40-C, Chandigarh through its Signatory.

                                                                                    ……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act

 

 

BEFORE:       SH. D.N. ARORA,  PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

                       

Present:          Sh. Vinod Dhiman, Adv. for complainant.

                        Sh. Mohinder  Bindal, Adv. counsel for Ops.

 

ORDER.

 

                        In nutshell, brief facts of the complaint are that complainant purchased a Swaraj Tractor 744 bearing regn. No.HR04C-1949 and got it hypothecated from L&T Finance for a sum of Rs.3,10,000/-.  The complainant got insured  the vehicle with OP  for the period from 23.01.2009 to 22.01.2010.  It has been submitted that the said tractor was being used for cultivating the land by taking on contract the fields of Gurpal Singh of village Toka Mauja Dera, Tehsil Naraingarh,  and on 07.12.2009,  the complainant kept alongwith tractor 30 KV Generator, one Karah and water fan in the field  where he was irrigating his fields and on  the night, the said tractor alongwith the said equipments were stolen  and since then a servant namely Shamshad was also missing.  But after a great search, neither the said Shamshad nor tractor etc. were found. Ultimately, complainant got lodged an FIR no.252 dated 17.12.2009 in P.S. Naraingarh U/s 379 IPC by making application dated 15.12.2009.  Matter was also reported to the OP and requested to settle the claim but they lingered on the matter on one pretext or the other and lastly asked the complainant to send claim form and other documents whereupon he submitted the claim form on 31.01.2011 alongwith requisite documents. It has been submitted that complainant had already supplied the copy of FIR to the Ops vide letter dated 13.11.2010 to settle the claim. The police submitted untrace report in the court of SDJM, Naraingarh despite that the OP has not settled the claim rather repudiated the same vide letter dated 21.12.2012. As such, the complainant has prayed that Ops are deficient and negligent in providing proper services, hence, the present complaint seeking relief as per prayer clause.

2.                     Upon notice, Ops appeared and tendered reply submitting that complainant has suppressed the material facts from this Hon’ble Forum and the complaint is not maintainable since it has been filed after two years from the loss of the vehicle as in the instant matter loss occurred on 07.12.2009 and  complaint was instituted on 28.03.2012. Further it has been submitted that complainant intimated the theft of the vehicle to them after a lapse of 22 days whereas the policy  terms states that notice of loss or damage shall be given to the company immediately upon happening of any loss.  Further it has been submitted that delayed intimation of the claim  would deprive  the valuable investigation  right of the insurer and therefore the insured should inform about the claim immediately to the insurer and thus the claim of the complainant was inadmissible under the terms & conditions of the policy. As such, there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

3.                     To prove his version, witness of complainant Sh. Gurpal Singh tendered his affidavit as Annexure CX alongwith documents as Annexures C-1 to C-3 and prayed for remaining evidence but despite availing sufficient opportunities, complainant not tendered any evidence and his evidence was closed by court vide order dated 11.05.2015.   On the other hand, counsel for  OP tendered affidavits as Annexures RX & RY alongwith documents as Annexures R-1 to R-6 and closed the same.

4.                     We have heard learned counsel for the parties and gone through the case file very carefully. The grievance of the complainant is that his tractor alongwith its allied equipments were stolen on 07.12.2009 and he informed the concerned police station  on  15.12.2009  upon which FIR  No.252 dated 17.12.2009 U/s 379 IPC lodged.  Thereafter, complainant  informed the OP insurance company and lodged claim but  they did not release the claim  and repudiated the same   vide letter dated 21.12.2012.

                        On the other hand, stand of the Op Insurance company is that the vehicle allegedly stolen on 07.12.2009 and the FIR has been registered after a delay of 10 days and intimation to the Op insurance company has been given by complainant after a lapse of 48 days from the day of alleged incident. Hence, they rightly repudiated the claim of complainant.

5.                     The complainant to prove his case has placed on record affidavit of Gurpal Singh S/o Hari Singh  from whom the complainant allegedly  taken the land for cultivation on contract who deposed that  the tractor in question alongwith its abovesaid allied equipments were stolen on 07.12.2009  by  Shamshad Singh and also placed on record furd jamabandi in the name of mother of Gurpal Singh, Smt. Sito Devi as (Annexure C-2) and agreement for contract as Annexure C-3 with her.

                        On the other hand,  Ops has placed on record copy of insurance policy Annexure R-1 which reveals that the tractor in question was insured with them from 23.01.2009 to 22.01.2010.  Perusal of Annexure R-3 claim form submitted by complainant to OP on 18.01.2011 reveals that the tractor has been stated to be stolen on 07.12.2009.  In the report of Surveyor (Annexure R-4), it has been opined that date, time and place of theft seems to be genuine. The insurance company was informed about the theft of vehicle on 29.12.2009. The tractor was stolen by the driver himself with the original key which was with him and the driver alongwith the tractor are missing till date. Also the tractor was being used for hire and reward i.e. for commercial purpose. So, claim seems to be not admissible under policy condition. Copy of FIR dated 17.12.2009 recorded regarding the theft of alleged tractor is Annexure R-6.  

6.                     Careful perusal of FIR (Annexure R-6) reveals that complaint to the police has been made by complainant on 17.12.2009 at 11.30 A.M. wherein it has also been mentioned that ‘there is no delay in giving information’.  Further the statement of complainant incorporated in the FIR reveals that he has informed the date of theft of the tractor to the police as 07.12.2009 whereas the FIR has been got lodged by him on 17.12.2009. The version of complainant that the said FIR was recorded on his application dated 15.12.2009 is not believable as he has not placed on record any document on record to this effect nor  there is any mention of this fact in the FIR. Counsel for OPs  has placed reliance on a case law delivered by Hon’ble National Commission, titled as Royal Sundaram Alliance Insurance Co.  Ltd. Kanwal Jeet Singh Gil 2015 (3) CLT Pg. 90 wherein it has observed that” insurance claim-theft of car insured intimated the insurer regarding theft of his car after 39 days of the accident-held-insured has violated the mandatory terms and conditions of the insurance policy-revision petition allowed.  Counsel for OP also placed reliance on case law titled as Surender Vs. National Insurance Co. Limited 1 (2013) CPJ Pg. 741 (NC)- In this case “ the vehicle  was stolen on 20.05.2008 and FIR was lodged on the same day but it has been specifically mentioned that it was obligatory on the part of complainant to intimate about the theft to the insurance company  immediately. 

                        In view of the above discussion, it is clear that in the present case FIR has been lodged after 10 days of the theft of the tractor and thereafter complainant lodged claim with the OP insurance company which is violation of terms & conditions of the insurance policy. The version of complainant that his servant/driver Shamshad  was missing from 07.12.2009, the date of stolen of tractor, therefore he suspected that perhaps Shamshad has stolen the tractor  and in his search  complainant had gone to house of Shamshad at U.P. but he could  not be traced out. But this explanation of complainant is not tenable because the complainant should firstly inform the local police as well as insurance company immediately and then to proceed in search of the tractor and its driver but nothing of such sort has been done by complainant in the present case.  Accordingly, we are of the view that the Op insurance company has rightly repudiated the claim of complainant. Hence, the complaint is dismissed with no order as to costs.  Copies of the order be sent to the parties concerned, free of costs, as per rules.  File after due compliance be consigned to record room.

 

ANNOUNCED ON:  22.11.2016                                      

                                                                                                               Sd/-

                                                                                                    (D.N. ARORA)

                                 PRESIDENT                

                                                                                                    

                                                                                            Sd/-

(PUSHPENDER KUMAR)

                                                                                                            MEMBER